Giles Melang v. Simon B.E. a.k.a. Erasmus Verlag

[Simon B.E.]

I would like to claim 400 erb in legal costs of which 200 erb are direct costs for paying my lawyer and 200 erb because of loss of profit.

[Monty]

Proof of this, Dr Krummson?

[Spraki]

Proof of what, your Honour? That he wishes to pay me for my services?

[Monty]

Yes, a contract, etc? I'm not awarding loss of profit in costs. That is damages.

[Spraki]

Your Honour

Forgive me, I must confer with my client on the question of damages and other claims, including for legal representation.

[Spraki]

Your Honour

My client, Simon ben Erasmus, claims 454 erb for damages and costs.

Damages for pain and suffering: 272 erb
Costs: 180 erb

DAMAGES

My client feels that the suffering caused him by this court case merits compensation. He did not know Shirerithian law when the case was filed against him (the dispute being put to court in various jurisdictions only aggreviates this concern). The worry whether he would be financially liable to face court in Shireroth --- in fact, he firmly believed that it was outside Shireroth's jurisdiction (and this was affirmed by this very Judex) put him in a difficult position of stress. little peace of mind for the past days, feels that 272 erb would compensate him justly. Calculated with 4 erb per hour of since submission of Dr Melang to judgment, 272 erb is not much at all for what my client experienced.

Had the case gone on for longer, a larger sum would of course been merited.

COSTS

The costs claimed, 180 erb, is based on two calculations.

Time: 68 erb
Submissions: 112 erb

1120 words were written in the three main submissions before the Court, calculated with 0.10 erb/word (= 112 erb) and for the time of service (68 hours), 1 erb per hour (68 erb).

With legal costs, a standard must be kept. This must be the upper ceiling. Else a party in court can claim obscene sums for legal representation if the client and representative so agreed.

Accordingly, I submit the claims from my client for a sum to 454 erb to be paid to account ErasmusVerlag.

Signed

Spraki Krumsson Lla'i
Legal representative for Simon ben Erasmus (respondent)

[Thadeus Laing]

Your Honour,

I would like to make two objections to the claims made by the defense's lawyer.

First, I submit the objection of the claim that I pay for Mr Simon B.E. a.k.a.
Erasmus Verlag's legal fees. This is on the basis that it is not widely believed
that Mr Verlag is indigent. In other words, he is not a poor individual.

Second, I object to the claim made by Mr Krumsson for payment of compensation
for pain and suffering. No evidence at all has been presented that Mr Verlag has
experienced "pain and suffering" as a result of this trial. No legal citation has been
presented at all, further, that the filer of a lawsuit can be held responsible for
"pain and suffering" incurred, if it is possible to be incurred, in the immediate context
of and as a direct result of the proceedings of the ensuing legally processed lawsuit.

Signed,

Giles Melang

[Spraki]

Your Honour

While I shall attempt to respond to Dr Melang's two objections soon, I wish to clarify (I thought it had been already) to the Court that Simon ben Erasmus and Erasmus Verlag are two different persons under the law. The first one is an individual and the second one a legal person in Jingdao. Erasmus Verlag is a Jindaoese publisher. The very word "Verlag" means "publisher" in German.

[Monty]

I am not going to award compensation for pain, loss and suffering incurred by way of court proceedings. I presume that if I do, Mr Erasmus would have no problem with Mr Melang claiming the same?

Previously cases have been conducted on a pro-bono basis and I see no evidence indicating that in this matter the normal presumption should be rebutted. You are right to state that legal costs should not be extortionate and the Court is explicit stating that only reasonable costs be agreed. What is reasonable is subject to the views of Judex. A degree of prudence and perhaps standard terms should be instituted by the Mango Bar, with consultation of all relevant groups, so financial renumeration for Legal Representatives can become the norm.

NO DAMAGES OR COSTS AWARDED